We have previously covered that our senior citizens are at risk for identity theft, financial exploitation, and scams. As a result of increasing identity theft concerns for citizens of all ages, the United States Postal Service (USPS) has responded by requiring identity verification for all changes of address. This applies to both online and in-person Change of Address Requests. While it may seem like a good idea, both procedures present unique challenges to persons who are older, less mobile, unable to act on their own behalf or those who do not have access to the required ... Read More ›
On October 12, 2021, Estates, Trusts, and Probate Litigation Group Co-Chair, Adam Fried, testified to the Ohio House Civil Justice Committee in opposition of HB 339, a proposed legislation involving electronic wills. Adam was asked to join a task force that included members of the Ohio State Bar Association Estate Planning, Probate and Trust Section Counsel and the Ohio Probate Judges Association to study and comment on this proposed legislation involving electronic wills. The task force met weekly for several months and came out with firm objections to components of HB 339 ... Read More ›
June 15th is World Elder Abuse Awareness Day. Older people throughout the United States lose an estimated $2.6 billion or more annually due to elder financial abuse and exploitation. Elder abuse also creates health care and legal costs for our society.
Our Estates and Trusts Practice Group is committed to providing compassionate and efficient legal service to elderly individuals and their families.
We are pleased to provide these resources to proactively avoid and protect yourself and your loved ones against elder financial exploitation.
Our firm pays special attention to the protection of our seniors. Financial exploitation of our seniors has been on the rise for some time. In 2010, the federal government passed the Elder Justice Act, which was the “first comprehensive legislation to address the abuse, neglect, and exploitation of older adults at the federal level.” Seniors may be exploited by those closest to them, even their own lawyers. You can read more about the red flags that we see in our practice that are tell-tale signs of exploitation.
When a scammer pressures a relative into paying money for a phony ... Read More ›
A last will and testament is one way that a person can transfer assets upon death. That only applies to probate assets; that is, assets that are held in the name of the decedent only upon his or her death, or assets that are payable to his or her estate. It is becoming more common for people to own assets, such as life insurance, retirement accounts, and annuities, that can have beneficiary designations. You have probably heard about will contests and challenging wills. Did you know that you can also challenge beneficiary designations? And did you know that same reasons to set aside a ... Read More ›
A last will and testament is one of those rare documents in life where formalities apply to the execution. In Ohio, there are specific formalities that must be followed in order for a will to be deemed valid. For example, the testator – that is, the person making the will – must:
- be an adult, at least 18 years of age
- of sound mind, - free of undue influence or restraint. R.C. 2107.02.
The will must be:
- in writing,
- signed at the end by the testator (or by someone else at the direction of the testator and in his/her conscious presence),
Recently the Ninth District Court of Appeals made a ruling in the matter of In Re: Guardianship of Bakhtiar, which allows persons interested in the welfare of another the ability to intervene in guardianship proceedings if the party who is intervening can demonstrate an interest relating to the property or transaction that is the subject of the action.Read More ›
Reminger Co., LPA is pleased to announce that Adriann S. McGee has been named to the Board of Directors for the Ohio Coalition for Adult Protection Services (OCAPS). OCAPS is a statewide coalition that strives to enhance the provision of services to adults at risk of abuse, neglect, and exploitation through education and advocacy.Read More ›
The House unanimously passed the elder fraud bill (SB 158) after voting 81-1 to accept an amendment on the floor to add appointees by the House and Senate minority leaders as ex officio members to the Elder Abuse Commission. "We want to make sure we have many voices that can contribute," Rep. Stephanie Howse (D-Cleveland) said.
On September 18, 2018, the U.S. Department of Veterans Affairs (VA) issued Final Rule Number 8320-01, RIN 2900-AO73, which goes into effect on October 18, 2018. This Rule establishes new requirements for evaluating net worth, medical expense deductions, and asset transfers,and drastically changes the planning opportunities available for veterans and their surviving spouses. Read More ›
- Changing Addresses with the USPS… not so fast
- Family Disputes can Wreak Havoc with Estate Planning
- 13 Reminger Estate & Trust Attorneys Recognized in 2024 Edition of Best Lawyers in America
- New Rules of Civil Procedure for 2023
- Avoiding Probate Litigation: Attorneys Can Help Families Prevent Costly Disputes
- Confidentiality and Privilege in Post-Death Disputes: Is it time to Tweak R.C. 2317.02?
- Adriann McGee and Mary Kraft Obtain Jury Verdict and Attorney Fees in Breach of Fiduciary Case Involving Power of Attorney Abuse
- Cleveland Jewish News goes one-on-one with Adam Fried
- Analysis of the Amendments to Ohio Rule of Superintendence Rule 66
- Reminger Co., LPA Announces New Leadership Structure in Estates and Trusts Practice Group